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STATE v. CAREY

230 N.J. Super. 402 (1989)

553 A.2d 844

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. DENNIS CAREY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 30, 1989.

Attorney(s) appearing for the Case

Francis X. Moore, attorney for appellant (Michael R. Speck on the letter brief).

John Kaye, Monmouth County Prosecutor (Mark P. Stalford, Assistant Prosecutor, of counsel; Thomas J. Catley, on the letter brief).

Before Judges PRESSLER, O'BRIEN and STERN.

The opinion of the court was delivered by STERN, J.A.D.

The critical issue in this case is whether defendant was properly sentenced as a second offender upon his plea of guilty in the Tinton Falls Municipal Court for driving while intoxicated, in violation of N.J.S.A. 39:4-50. We conclude that defendant was improperly convicted as a second offender and remand for resentencing.

On June 30, 1987 defendant...

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